2021-0449 JOFOC 36C57-21-AP-4356 Wheelchair Transportation - HCA Approved.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

RPOW JOFOC LOG # 2021-08-26T05:32:31

Acquisition Plan Action ID: 36C257-21-AP-4354

1. Contracting Activity: Department of Veterans Affairs, NCO 17 for VISN 17, North Texas Veterans

Medical Center, Medical Administration Services. PR# 549-21-3-230-0469.

2. Nature and/or Description of the Action Being Processed: Wheelchair Transportation Services. This procurement is for an increase in funds pertaining to the short term bridge contract, 36C25721P0930 P0003 in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are excempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.302-2.

As a result of a protest, the bridge contract must be extended to allow for completion of the competitive award. A verbal approval was given on 08/25/2021 to increase the ceiling to $3 million and a JOFOC was drafted and submitted for review, however the JOFOC required corrections. The ceiling on the bridge contract now needs to be increase to a total of $8 million based on the time necessary to resolve the protest and properly solicit a competitive long term contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor shall provide Wheelchair Transportation Services for patients (or beneficiaries) of the Department of Veterns Affairs as established herin. The contractor shall provide all services necessary to execute the full range of Wheelchair Transportation Services as provided in the local community.

Performance shall be continuously compliant with the requireements contained within the PWS to include the standards established by the Joint Commision and the Division of the Emergency Medical Services, Texas Emergency Medical Services and all applicable Federal, State and Local rules, regulations and procedures.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

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( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Following resolution of the protest this action will be completively solicited and awarded. Increasing the ceiling and extending the bridge contract ensures there is no break in service for this critical wheelchair transportation contract.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This requirement has been solicited under solicitations 36C25721Q0796, 36C25721Q0799, 36C25721Q0801 and 36C25721Q0800 each solicitation was for separate counties within the Dallas VA service area. 36C25721Q0796 received seven proposals, 36C25721Q0799 received nine proposals, 36C25721Q0801 received eight proposals and 36C25721Q0800 received eight proposals. One vendor was awarded four contracts as a result of the solicitations and the award was protested twice resulting in all four awards being terminated for the government to take corrective action.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: Pricing on this bridge contract is consistent with those proposed on the previous solicitations. In addition, the prices offered are consistent with previous contracts determined to be considered fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Prior to the protest, market research was conducted IAW FAR PART 10. Pursuant to FAR 10.002, this requirement is found to be comercilally available;

however IAW FAR 8.002 and FAR 8.003, this requirement connot fe fulfilled through a mandatory source. A Sources Sought was issued on contracting opportunities to find companies capable of providing the services. Furthermore, VetBiz, GSA Advantage, SBA DSBS and FPDS was searched to find any additional sources.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Business Category Name of Potential Source(s)

VIP verified Service-Disabled, Veteran- Owned (SDVOSB)

Satterwhite, Ossian SDVOSB KTS Solutions, LLC SDVOSB Bradsher, James E SDVOSB Greenbrier Government Solutions

SDVOSB

VIP verified Veteran-Owned Small Business (VOSB)

Woman-Owned Small Business (WOSB) Economically Disadvantaged Woman-

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Owned Small Business (EDWOSB) HUBZone Small Business Section 8(a) small business Small/disadvantaged business (SDB)

Small business

GC Logistics Metro health EMS Ready 2 Go Sarah Car Care Stony Biz TxLC Transport, ltd

Large Business

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to

Competition before Making subsequent acquisitions for the supplies or services required: This requirement will be competitively solicited with an anticipated award date of 02/28/2022.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Cynthia R. Reichert Date Chief, MAS North Texas VA Healthcare Sytem

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Michael J. Tusinger Date Branch Chief

NCO 17

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Jeff Morris Date Chief, Division 1

Network Contracting Office 17

Director of Contracting: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval for other than full and open competition.

Mark A. Layman Date Director of Contracting Network Contracting Office 17

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Curtis M. Jordan Date Executive Director, RPO-WEST VHA Head of Contracting Activity (HCA)